Rent-Controlled Tenant's Son Gets Apartment

June 30, 2005

LVT Number: 18189

Rent-controlled tenant's son applied to the DHCR for a determination of pass-on rights to the apartment. He said he moved back into the apartment, where tenant and his brother lived, in July 1996. Tenant died more than two years later. The DRA ruled for the son after holding a hearing. Landlord appealed, claiming that tenant's son maintained his primary residence at another apartment. The DHCR ruled against landlord. Tenant's son credibly testified that his parents moved into the apartment in 1941.

Rent-controlled tenant's son applied to the DHCR for a determination of pass-on rights to the apartment. He said he moved back into the apartment, where tenant and his brother lived, in July 1996. Tenant died more than two years later. The DRA ruled for the son after holding a hearing. Landlord appealed, claiming that tenant's son maintained his primary residence at another apartment. The DHCR ruled against landlord. Tenant's son credibly testified that his parents moved into the apartment in 1941. He lived there until he was 21, moved back and forth for a while, then came back to live with his sick father in 1996. Five other witnesses also testified that tenant's son was regularly at the apartment.

Allen House LLC: DHCR Adm. Rev. Dckt. No. SH420011RO (5/5/05) [4-pg. doc.]

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